Biodiversity regulations see SA leading the way in IP law

"IP law is a niche and specialised area of law," says Nolwazi Gcaba, chairwoman of boutique South African law firm, Spoor & Fisher.

While traditionally in SA, business and industry have not always had IP issues front of mind, this is changing as the world becomes increasingly aware of Africa's rich diversity of mineral and other natural resources, she says.

Gcaba is the first woman to be elected chairman of Spoor & Fisher in its more than 90 years of practice in SA. She is also the first black woman to be elected as chairman of a major law firm in this country.

Her area of specialisation is in trademarks and related litigation. She is a fellow of the South African Institute of Intellectual Property Law and has served as a member of the Council of the Institute of Intellectual Property Lawyers. Gcaba is also a former Transnet board member.

Intellectual property is a valuable asset in any business, Gcaba says - and one whose horizons are always changing.

She refers to progressive IP legislation in SA, including the Publicly Financed Research and Development Act, which essentially aims to protect IP assets at source. This includes universities and research institutions that undertake state-funded research, but where the commercial benefits do not necessarily accrue to the state - or to tax-paying consumers.

Another visionary piece of IP-related legislation in SA - and which has particular relevance for developing countries - is the Biodiversity Act. The act goes a long way to ensuring that if an international or multinational company gains knowledge from indigenous communities, in the form of biodiversity information that could subsequently be used in commercial product production, those communities should have a share in any resulting benefits.

There is a classic example of this, Gcaba says, involving southern Africa's San people and a natural appetite suppressant that, research suggests, has the potential to be used in slimming medication.

The San people have for generations chewed on a locally-harvested root that apparently enables them to go without food for long periods of time while hunting, by acting as a natural curb on their appetites.

The new biodiversity legislation requires disclosure from parties applying for a biodiversity patent where the knowledge and ingredients have been gained as a result of collaboration with indigenous communities. This is to be backed up by a mutual benefit-sharing agreement.

In this type of application, South African IP law is at the forefront in the field internationally, says Gcaba.

"There has been much spoken about internationally about implementing such measures, but SA has been the first country to actually put one in place. We have become leaders in this field."

Gcaba has firm views about the changing nature of leadership - and the role that women have the potential to fill.

"Leadership is no longer about dictating to people. Today it's about a more inclusive and empowering type of leadership."

In SA, women have played an unsung leadership role in their own communities, she says, often linked to cultural roots and the traditional role of black women in the family. Now it is time for women to extend that leadership role to a wider constituency.

Gcaba believes that in the legal field, more flexible and even reduced working hours is a trend for the future, which would help to bring more women into the profession.

"If law firms were to ensure that they implement work-life balance policies, they would be better able to attract more talented young people, including women.

"Young people see themselves as part of a generation with multifaceted interests and pursuits, where

not only career but also what you do outside of the office defines who you are. They are no longer attracted to an environment that may often require them to work excessively long hours.

"Technology is also putting pressure on law firms in that information and research material is now easily accessible. Clients want added value. Information that they can access themselves on the internet is no longer sufficient. It's forcing lawyers to be more creative and to add more value for their clients," she says.

More flexible and even reduced working hours would help to bring more women into the profession Clients want added value. Information they can access themselves on the internet is no longer sufficient.

Source: Business Day